The following is a basic contract with terms and conditions that we require from all our clients to develop their website.
PC's In Paradise / Website Design Contract
Company/Client:______________________ Present WWW URL (if any): ________________
Contact Name : __________________________Phone:_____________ FAX: _____________
City :_______________________________ State : ____ ZIP : _______ Country : __________
Username _____________________________________ Password ______________________
Our desire is to delight the client. One way is to make clear our understandings with each other. These are the terms of our agreement together:
1. Authorization: The above-named client is engaging PC's In Paradise located at 130 S. Cypress Rd. #616, Pompano Beach, FL 33060, as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the client's web space on a web hosting service's computer.
The client hereby authorizes PC's In Paradise to access this account, and authorizes the web hosting service to provide PC's In Paradise with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project.
The client also authorizes PC's In Paradise to publicize their completed website to Web search engines, as well as other Web directories and indexes.
2. Standard Website Elements: PC's In Paradise includes the following elements in their Standard Website:
Links to external pages, up to an average of 2.5 per page.
Custom Graphics Package: Masthead graphic on first page (simple custom graphic incorporating company logo). Top-of-page graphic for all other pages in your website. Colorful lines and bullets, and colored and textured background.
Photos and other miscellaneous graphic images: an average of 1 included per page in standard websites and "regular" online store pages. (Color originals larger than 5" x 8" are extra).
Installation of webpages on the client's web hosting service.
Minor updates and changes to existing webpages for 30 days, subject to the limits outlined below. Additional changes billed at hourly rate.
Site publicity to at least a dozen major Web search engines.
E-mail response link to any e-mail address the client designates.
Feedback or guest book form Includes up to 20 fields. Extra charges may be incurred if the client's web hosting service does not use a Unix operating system.
3. Standard Website Packages: The content of the webpages will be supplied via the client and web designer interview executed as specified by the client in the "Website Planning Worksheet" dated _______________.
This website includes up to ___________ webpages. Any additional standard webpages beyond the original number of pages specified above, the client agrees to pay PC's In Paradise an additional $_______ for each additional webpage. Graphics or photos beyond the allowed average of 1 per webpage shall be billed at an additional $____ each. Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the hourly rate specified below. The store size and additional services, and prices of each are detailed on the attached estimate.
4. Maintenance and Hourly Rate: This agreement includes minor webpage maintenance to regular webpages (not store product pages) over a 30 day period, including updating links and making minor changes to a sentence or paragraph. It does not including removing the majority of text from a page and replacing it with new text.
If the client or an agent other than PC's In Paradise attempts updating the client's pages, time to repair webpages will be assessed at the hourly rate and is not included as part of the updating time. The 30 day period commences upon the date the website is on line.
Changes requested by the client beyond the above specified limits will be billed at the hourly rate of $40.00. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, art, photo, graphics services, and helping clients learn how to use their own webpage editor.
5. Web Hosting: The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows PC's In Paradise full access to the website and a cgi-bin directory via FTP and telnet. The client further understands that if the web hosting service's operating system is not a Unix system, standard CGI software may not work, and providing a substitute may incur additional charges.
6. Completion Date: PC's In Paradise and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than _________________________.
If the client does not supply PC's In Paradise with the content necessary to complete all webpages contracted for within six weeks of the date this contract was signed, the entire amount of the contract becomes due and payable.
If the client has not submitted the content necessary for completion within two months after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised. The client agrees to furnish PC’s in Paradise content and information necessary to complete the requested webpages within ___________.
PC’s in Paradise agrees to website completion within __________ from the receipt of the necessary information.
7. Payment of Fees: Fees to PC's In Paradise are due and payable on the following schedule:
In case the client has not secured Web space on a web hosting service by the time the webpages are completed, the webpages may be delivered to the client on diskette or attached to an e-mail message.
Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in US funds.
8. Assignment of Project: PC's In Paradise reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
9. Legal: PC's In Paradise does not warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. PC's In Paradise is not liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, even if PC's In Paradise has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
10. Copyrights and Trademarks: The client represents to PC's In Paradise and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to PC's In Paradise for inclusion in webpages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend PC's In Paradise and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
11. Laws Affecting Electronic Commerce: From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend PC's In Paradise and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
12. Copyright to Webpages: Copyright to the finished assembled work of webpages produced by PC's In Paradise is owned by PC's In Paradise Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. PC's In Paradise and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
13. Payment of fees: In order for PC's In Paradise to remain in business, payments must be made promptly. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date.
If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. PC's In Paradise reserves the right to remove webpages from viewing on the Internet until final payment is made. If collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by PC's In Paradise and client. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Broward County, FL, and any dispute will be litigated or arbitrated in Broward County, FL. Please pay on time.
14. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between PC's In Paradise and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.
15. Initial Payment and Refund Policy.
The total amount of this contract is $______________ This agreement begins with an initial payment of $_______.
If the client halts work and applies by registered letter for a refund within 30 days, to PC's In Paradise 130 South Cypress Rd., #616, Pompano Beach, FL 33060, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.
___________________________________________ Date ________________
___________________________________________ Date ________________
Last updated November 2004
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